Judges call for clarity on assisted suicide prosecutions

The Director of Public Prosecutions must say whether healthcare professionals
who help patients end their life will be prosecuted, judges have ruled,
prompting concern among opponents of assisted dying.

In a landmark case brought by a man suffering from locked-in syndrome, two Court of Appeal judges agreed it was currently unclear whether doctors and others would be brought before the courts for assisting a suicide and said it should be “spelt out unambiguously”.

The result was hailed as a victory for the 48-year-old stroke victim referred to only as “Martin”, whose lawyers said it would most likely force the DPP to clarify that prosecutions would not be brought.

It is a serious criminal offence to assist someone to take their own life, but DPP guidance makes clear that friends or family members are unlikely to be prosecuted for assisting a loved one’s suicide.

Their position was clarified following a case brought by Debbie Purdy, a multiple sclerosis sufferer, in 2009.

Martin’s lawyers argued that similar clarity was not available to others, such as doctors, nurses, carers or social workers, who may be called upon to assist a suicide.

As Martin's wife does not wish to be actively involved in the steps necessary to bring about his death and he has no other friends or family willing to help, he needs a professional to help him die, they said.

He cannot find anyone to take him to the Dignitas clinic in Switzerland to end his life, however, because of the uncertainty surrounding the likelihood of prosecution.

Lord Dyson, Master of the Rolls, and Lord Justice Elias, upheld Martin’s complaint that “the policy of the DPP fails to provide sufficient clarity” on the issue.

Lord Judge, the Lord Chief Justice, sitting with them, disagreed as he believed it was already clear that someone acting out of compassion would not be prosecuted.

Richard Stein, a partner at the law firm Leigh Day, who represented Martin, said:

“This is a crucial victory for Martin and those other people who find themselves in this tragic position.

“He is unable to do anything for himself and without a willing family member or friend he requires assistance from a professional to be able to end his own life.

“This is a hugely significant moment in allowing people control.

“They will be able to seek help from people with no personal connection to them but acting in good faith (most likely to be carers or health professionals) to be able to die with dignity in a manner and at a time of their choosing.”

Speaking through special computer software, Martin said he was “delighted” by the judgment.

“It takes me one step closer to being able to decide how and when I end my life,” he said.

“Almost every aspect of my daily life is outside of my control. I want at least to be able to control my death and this judgment goes some way to allow me to do this."

Opponents of assisted suicide warned it was a worrying development, however.

Richard Hawkes, chief executive of the disability charity Scope, said: “Why is it that when an able-bodied person wants to commit suicide we try to talk them out of it and offer them support, but when a disabled person wants to commit suicide we focus on how we can make that possible?

“It is no surprise disabled people feel many people think their lives are worthless and that they are a burden.”

Care Not Killing also said it was “concerned” by the judgement.

The Crown Prosecution Service said it was seeking permission to appeal to the Supreme Court.

All three judges rejected challenges to the legal ban on voluntary euthanasia brought by the widow of another locked-in syndrome sufferer, Tony Nicklinson, and a paralysed road accident victim, Paul Lamb.